Download or read book Beneficial Ownership Recent Trends written by Michael Lang, Pasquale Pistone, Josef Schuch, Claus Staringer and Alfred Storck and published by IBFD. This book was released on 2013 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of beneficial ownership is frequently called one of the most decisive questions in international tax law. Despite this fact, neither scholars nor courts have found a generally accepted definition. This book provides a comprehensive overview of the latest developments concerning the concept of beneficial ownership. Highly renowned tax experts both from academia and practice analyse the most important decisions recently made by courts around the world. Moreover, the recently published OECD Discussion Draft on the meaning of beneficial ownership is being taken into account and the meaning of the term "beneficial owner" used in European tax law in comparison to its meaning in tax treaty law is being assessed. The authors not only draw a better picture of the status quo but also enhance the discussion of the future meaning of the term "beneficial owner".

Download or read book Beneficial Ownership written by Matthias Reinhard-DeRoo and published by Springer Science & Business Media. This book was released on 2013-10-02 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: The hunt for beneficial owners is on. Like an elephant, the beneficial owner hides in the jungle of complex legal structures, waiting to be discovered by eager prosecutors. But what lies behind this metaphor? What is a Beneficial Owner? Is beneficial ownership a right? What does this right encompass? What is the value of this right compared to other rights? And if beneficial ownership is not a right, is it still a legally relevant relation? How do courts, namely the U.S. Supreme Court deal with the concept? When do Anglo-American judges and European scholars resort to the concept? This book approaches these questions from two perspectives: legal fundamentals and the field of U.S. federal Indian law. Both legal theories and case law are scrutinized with the aim to find a better understanding of the basic conception and characteristics of beneficial ownership. Federal Indian law has been chosen for the study of the concrete implications of the beneficial ownership concept in what Roscoe Pound referred to as “the law in action.” To some, this choice of legal field might seem somewhat unusual. What answers could federal Indian law possibly offer with regard to pressing questions from the financial industry? As always, there is a short and a long answer. The short answer is that the analysis of an equally sophisticated field of law can open new perspectives on a given field of law. For example, not only potential criminals and tax evaders but also members of an older civilization are beneficial owners. The long answer can be found in this very book.

Download or read book Beneficial Ownership in International Tax Law written by Angelika Meindl-Ringler and published by Kluwer Law International B.V.. This book was released on 2016-06-07 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international tax law, the term ‘beneficial ownership’ refers to which parties involved in a cross-border transaction are entitled to tax treaty benefits. However, determining beneficial ownership is a complex and often disputed issue, subject to different meanings in different countries. Archival research on its early use in tax treaties and in the developing OECD Model reveals that its meaning has changed dramatically over the decades, leading to new interpretations significantly affecting current tax practice and scholarship. This book, dedicated to establishing how beneficial ownership should ideally be interpreted, compares the use and interpretation of benefi-cial ownership, both current and historical, in a wide range of national jurisdictions as well as the EU, ultimately shedding a clearer light than has heretofore been available on the meaning of the term. In her very thorough analysis of the application of beneficial ownership, the author touches on such aspects as the following: – historical development of the beneficial ownership requirement as used in tax treaties and in the OECD Model Tax Convention on Income and on Capital; – rules of double taxation conventions; – application of the OECD’s Action Plan on Base Erosion and Profit-Shifting (BEPS); – the problem of so-called ‘white income’; – use of the substance-over-form principle; – attribution-of-income rules; and – the role of agents, nominees, and conduit companies. Specific analysis of the use and interpretation of beneficial ownership in a domestic law and treaty context in numerous jurisdictions – with particular emphasis on the United Kingdom, Australia, the United States, and Germany – is a major feature of the presentation. As a thorough guide to determining whether a person claiming tax treaty benefits is the true owner – and which parties are excluded from treaty benefits and to what extent – this book will be of immeasurable value to lawyers, tax authorities, policymakers, and other professionals working with taxable international transactions of any kind.

Download or read book Beneficial Ownership in Tax Law and Tax Treaties written by Pablo A Hernández González-Barreda and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the concept of beneficial ownership in equity law, the domestic tax laws of the United Kingdom, Canada and the United States, as well as its varied and increasing uses in international tax law. By analysing the evolution of beneficiary rights in equity and the use of beneficial ownership wording in tax law, the book draws a roadmap for dealing with beneficial ownership in both national and international tax law. This approach highlights those common misconceptions that can be avoided by understanding the origins of the concept and its engagement with equity, as well as the differences with tax law. However, the book does not limit itself to dealing with theoretical discussion, but also offers an instructive and detailed practical case study. Offering both academic commentary and a practitioner focus, the book will be of the utmost interest to scholars and practitioners from common and civil law countries dealing with tax and estate law, particularly given beneficial ownership's increasing relevance.

Download or read book Beneficial Ownership in International Taxation written by Kuźniacki, Błażej and published by Edward Elgar Publishing. This book was released on 2022-08-12 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative book provides a structural, global view of evolving judicial and doctrinal trends in the understanding of beneficial ownership in international taxation. Błażej Kuźniacki presents a route towards an international autonomous meaning of beneficial ownership, while also offering a comprehensive explanation of the divergent understandings and tax policy arguments underpinning its continuing ambiguity.

Download or read book Beneficial Ownership Reporting Under Section 13 d written by James Hamilton and published by . This book was released on 1998 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Beneficial Ownership Transparency in Asia and the Pacific written by Asian Development Bank and published by Asian Development Bank. This book was released on 2022-12-01 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication examines beneficial ownership transparency in nine countries in Asia and the Pacific and explains how overcoming hurdles to ensure the full disclosure of company ownership is key to cracking down on crime and corruption. Focusing on countries including Armenia, Mongolia, and the Philippines, it offers a breakdown of relevant international standards and details challenges related to accurate data verification, collection, and disclosure. It highlights best practices, provides practical recommendations, and shows why a multipronged approach to cross-checking ownership information can help reduce money laundering, terrorism financing, tax evasion, and other economic crimes.

Download or read book A Beneficial Ownership Implementation Toolkit written by Organization for Economic Cooperation and Development and published by Inter-American Development Bank. This book was released on 2019-05-21 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2016, the G20 called on the FATF and the Global Forum to propose ways to improve the implementation of the international standards on transparency, including on the availability of beneficial ownership information, and its international exchange. The Global Forum developed a framework of proposed actions to answer that call, including a plan to facilitate effective implementation through examples of good implementation and technical assistance. This toolkit is in furtherance of the Global Forum’s commitment to support countries’ effective implementation. It is intended to help jurisdictions to develop an understanding of the beneficial ownership concepts contained in the international standards of transparency and exchange of information, and for use in conjunction with technical assistance seminars. It will support policy and implementation discussions in conjunction with capacity building workshops and technical assistance activities carried out by the Global Forum Secretariat as well as other supporting international organizations.

Download or read book Statements of Beneficial Ownership of and Transactions in Securities written by United States. Securities and Exchange Commission and published by . This book was released on 1961 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Effectiveness of the Beneficial Ownership Test in Conduit Company Cases written by Saurabh Jain and published by . This book was released on 2013 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book examines the conflict between the general policy of double tax treaties embodied in the beneficial ownership requirement and the concept of corporations. The work highlights the shortcomings of surrogate tests with the help of analyses of reported conduit company cases. It offers an alternative approach for interpreting and applying the beneficial ownership test. It contains a critique of the work of the OECD Committee on Fiscal Affairs before the insertion of the term, and suggests appropriate amendments to relevant parts of the official Commentary on the OECD Model Tax Convention."--Extracted from publisher website on May 20, 2015.

Download or read book Unmasking Control written by Francisca Fernando and published by International Monetary Fund. This book was released on 2022-10-07 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revelations from many data leaks, court cases, and media reports are a constant reminder about how easy it is to abuse companies and other types of legal entities for money laundering, terrorist financing, and many other crimes with impunity when the beneficial owners—the real persons who own and control these legal entities—are hidden. Not knowing beneficial ownership information negatively affects countries’ economies. It allows criminals to misuse these entities to hide their identities and the criminal origins of their assets, and to enjoy the proceeds of crimes, which produces all sorts of economic distortions, negatively impacts economic growth, and allows criminals to infiltrate and take control of the legal economy. This book is a guide for practitioners, policymakers, and other researchers to establish comprehensive frameworks for holding beneficial ownership information. It proposes questions to guide strategic thinking and discussion about the establishment of an effective system of beneficial ownership information, for anti-money laundering purposes. This book also sets out how an effective beneficial ownership framework can reduce opportunities for corruption, support efforts against tax evasion, help tackle illicit financial flows, protect national security interests, and benefit procurement transparency.

Download or read book Beneficial Ownership Registers written by Paolo Panico and published by . This book was released on 2021-07-31 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new major work will analyse the critical concerns and challenges that IOCs and NOCs face in this new type of consortium, and will ultimately suggest alternative solutions to find common ground between these parties. The book is divided into three chapters, which respectively deal with the conduct of operations, the financial issues relating to the consortium and the boilerplates of the agreement.. Each chapter will include analysis from the perspectives of four different types of company.

Download or read book The Concept of Beneficial Ownership in International Tax Law written by Ahmet Emrah Geçer and published by LAP Lambert Academic Publishing. This book was released on 2014-09-18 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: Notwithstanding there have been a number of studies regarding the concept of beneficial ownership conducted by international organisations and distinguished scholars, the meaning of the term still remains ambiguous. To tackle the issue, the OECD has recently attempted to clarify the meaning of beneficial ownership concept. It is indicated that the initiation has made a constructive contribution to the subject but having said that a further clarification is required to provide an internationally well-accepted application. Particularly, it should be addressed that the beneficial ownership is distinguished from other anti-avoidance provisions and the distinction between related and unrelated obligations so as to determine the beneficial owner of the income concerned. This paper critically examines the notion of beneficial owner in the light of the historical background and the recent developments of the term. As a result of this paper, the author has developed a "practical matter test" the beneficial owner is the person who legally, contractually or factually has some power to use and enjoy the income concerned.

Download or read book Beneficial Ownership Reporting written by Thomas R. Stephens and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: ... provides a comprehensive discussion of the disclosure requirements set out under [section][section] 13(d) and 13(g) of the Securities Exchange Act of 1934.

Download or read book Beneficial Ownership and Legal Responsibility written by Paul Beckett and published by Taylor & Francis. This book was released on 2024-03-12 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the connection between ownership, on one hand, and immunity from legal responsibility, on the other. It presents a definition of the concept of beneficial ownership, the reasons for its concealment, and failures in international legal structures and arrangements. Globally, States confront complex criminality, such as corruption, tax evasion, doctrinal fanaticism, trafficked slaves, terrorism and, war. At the personal level, men and women may seek to escape their creditors, to disinherit unwanted heirs, to cheat divorced partners, and to appear straightforward when this is not the case. The response of politicians and regulators has been a global State initiative to identify beneficial owners via public registers to promote transparency and accountability. Yet, at the same time, there is an equally powerful global and personal counter-initiative to promote beneficial ownership avoidance. Where there is no owner, there is no accountability. This book examines what “ownership” means in legal terms across multiple legal systems and explains why singling out “ownership” as being pivotal to State and personal accountability is a strategy both flawed and disingenuous. It is argued that an apparent lack of political will coupled with shape-shifting definitions of “ownership” have resulted in tokenism. Particular attention is paid to those “orphan” structures which have evolved from standard models, or which have been designed for the purpose in each case of facilitating ownership concealment and avoidance. The author explains how the virtual world of the blockchain, crypto-assets and cryptocurrency, and virtual entities such as the Decentralised Autonomous Organisation (DAO), all of which elude legal classification, have opened a new world of possibilities. Applicable across all jurisdictions and legal systems, the book will be a valuable resource for academics, researchers, and policy-makers working in the areas of Financial Crime, Regulation, Compliance, Business, and Accountancy.

Download or read book Beneficial Ownership in International Taxation written by Błażej Kuźniacki and published by Edward Elgar Publishing. This book was released on 2022-08-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative book provides a structural, global view of evolving judicial and doctrinal trends in the understanding of beneficial ownership in international taxation. Despite attempts by the OECD to clarify the concept, it remains ambiguous to tax authorities, courts and scholars alike, which has detrimental effects on the functioning of tax treaties. Blazej Kuzniacki presents a route towards an international autonomous meaning of beneficial ownership in international taxation, while also offering a comprehensive explanation of the divergent understandings and tax policy arguments underpinning its continuing ambiguity. Key Features: Guidance towards solving definitional disputes between taxpayers and tax authorities Discussion of ground-breaking judgments in cases on beneficial ownership from various jurisdictions across the world Comprehensive reflection of tax law in action, particularly in respect of outbound investments that trigger transborder payments of dividends, interest and royalties Clear demarcation between appropriate and inappropriate usage of beneficial ownership by authorities and courts when addressing the issue of abuse of tax treaties and EU Directives Beneficial Ownership in International Taxation will be a crucial resource for lawyers specialising in international taxation, tax practitioners and accountants, along with officials at tax authorities and judges hearing cases in this area. It will also be useful for policy makers working on cross-border taxation, and scholars and students researching international tax law.

Download or read book Beneficial Ownership in Tax Law and Tax Treaties written by Pablo Andrés Hernández González-Barreda and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores the concept of beneficial ownership in equity law, and in the domestic tax laws of the United Kingdom, Canada and the United States; as well as its varied and increasing uses in international tax law. By analysing the evolution of beneficiary rights in equity and the use of beneficial ownership wording in tax law, the book draws a roadmap for dealing with beneficial ownership in tax law and international tax law. This approach highlights those common misconceptions that can be avoided by understanding the origins of the concept and its engagement with equity, as well as the differences with tax law. However, the book does not limit itself to dealing with theoretical discussion, but also offers an instructive and detailed practical case study. Offering both academic commentary and a practitioner focus, the book will be of the utmost interest to practitioners and scholars from common and civil law countries dealing with tax and estate law, particularly given beneficial ownership's increasing relevance"--